WSR 07-15-047

EXPEDITED RULES

SUPERINTENDENT OF

PUBLIC INSTRUCTION

[ Filed July 13, 2007, 11:31 a.m. ]

Title of Rule and Other Identifying Information: Definition -- State institutional education program -- Educational activity, WAC 392-122-212.

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Rules Coordinator, Legal Services, Office of Superintendent of Public Instruction, P.O. Box 47200, Olympia, WA 98504-7200 , AND RECEIVED BY September 17, 2007.


Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To correct a spelling error, the word counseling was spelled with two l's and to correct the reference to WAC 18-50-315 by changing it to WAC 392-410-315.

Reasons Supporting Proposal: Some state board WACs were given to OSPI and they were recodified. This is to change the reference to the OSPI WAC.

Statutory Authority for Adoption: RCW 28A.150.290.

Statute Being Implemented: RCW 28A.150.290.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Superintendent of public instruction, governmental.

Name of Agency Personnel Responsible for Drafting: Mitch Thompson, 600 South Washington Street, Olympia, (360) 725-6306; Implementation: Calvin W. Brodie, 600 South Washington Street, Olympia, (360) 725-6301; and Enforcement: Jennifer Priddy, 600 South Washington Street, Olympia, (360) 725-6292.

July 13, 2007

Dr. Terry Bergeson

Superintendent of

Public Instruction

OTS-9864.1


AMENDATORY SECTION(Amending WSR 05-19-139, filed 9/21/05, effective 10/22/05)

WAC 392-122-212   Definition -- State institutional education program -- Educational activity.   As used in WAC 392-122-200 through 392-122-275, "educational activity" means the following teaching/learning experiences provided by a school district or other education provider:

(1) Instruction, testing, ((counselling)) counseling, supervision, advising, and other services provided directly by certificated staff or by classified staff who are supervised by certificated staff.

(2) Up to one hour per day of scheduled study time if the study is in conjunction with other educational activity and if the study is monitored by educational staff who are present during the study.

(3) Up to two hours per day of individual study conducted by a student when educational staff are not present if all of the following conditions are met:

(a) The study is in pursuit of high school graduation credit; or the study is in a department of corrections facility and is in pursuit of a certificate of educational competence pursuant to RCW 28B.50.536 and chapter 131-48 WAC;

(b) The study is part of a program of instruction defined by a certificated employee who evaluates the student's progress in that program;

(c) The student is making progress in the program;

(d) The study is not counted as work training experience pursuant to subsection (4) of this section; and

(e) Combined individual study time and scheduled study time pursuant to subsection (2) of this section claimed in determining the student's full-time equivalent pursuant to WAC 392-122-225 do not exceed two hours per day.

(4) Work based learning meeting the requirements of WAC ((180-50-315)) 392-410-315: Provided, That for work based learning provided pursuant to WAC ((180-50-315)) 392-410-315, a student's full-time equivalent shall be determined pursuant to WAC 392-121-124.

[Statutory Authority: RCW 28A.150.290. 05-19-139, 392-122-212, filed 9/21/05, effective 10/22/05. Statutory Authority: 1998 c 244 9(2) and RCW 28A.150.290. 98-21-065 (Order 98-09), 392-122-212, filed 10/20/98, effective 11/20/98. Statutory Authority: RCW 28A.150.290. 92-03-045 (Order 92-03), 392-122-212, filed 1/10/92, effective 2/10/92.]

Washington State Code Reviser's Office